Except as hereinafter provided, the Borough of Dumont
shall, upon the request of any present or former official, employee
or appointee of the Borough provide for indemnification and legal
defense of any civil action brought against said person or persons
arising from an act or omission falling within the scope of their
public duties.

The Borough may indemnify a person for exemplary or
punitive damages resulting from that person's civil violation of state
or federal law if, in the opinion of the Borough Council, the acts
committed by the person to be indemnified upon which the damages are
based did not constitute actual fraud, actual malice, willful misconduct
or an intentional wrong.

In any other action or proceeding, including criminal proceedings, the Borough may provide for the defense of a present or former official, employee or appointee, if the Borough Council concludes that such representation is in the best interest of the Borough and that the person to be defended acted or failed to act in accord with the standards set forth in § 25-2 of this chapter.

Whenever the Borough provides for the defense
of any action set forth herein and as a condition of such defense,
the Borough may assume exclusive control over the representation of
such person defended and such person shall cooperate fully with the
Borough.

The Borough may provide for the defense pursuant
to this chapter by authorizing the Borough Attorney to act in behalf
of the person being defended or by employing other counsel for this
purpose or by asserting the Borough's right under any appropriate
insurance policy which requires the insurer to provide the defense.